Category: Criminal Offenses · Statute: F.S. 777.04(2) · Source: Florida Legislature
Understanding Criminal Solicitation in Florida
In Florida, criminal solicitation occurs when a person commands, encourages, hires, or requests another individual to engage in specific conduct that would constitute a felony or misdemeanor. Under Florida Statutes Section 777.04(2), the state does not need to prove that the underlying crime was actually committed, attempted, or even agreed upon. The offense is complete the moment the solicitation is made with the specific intent that the solicited crime be carried out. This distinguishes solicitation from conspiracy, which requires a mutual agreement between two or more parties, and from attempt, which requires an overt act toward committing the destination crime.
The severity and classification of a solicitation charge are directly tied to the "object crime"—the offense the defendant sought to have committed. Under Florida's statutory scheme, solicitation is generally prosecuted as an offense one degree lower than the target crime. For example, soliciting a capital felony, such as first-degree murder, is charged as a first-degree felony. If the target offense is a second-degree felony, the solicitation charge is prosecuted as a third-degree felony. This derivative sentencing structure ensures that the gravity of the solicitation reflects the potential harm of the intended crime.
Bail and Pretrial Release for Solicitation Charges
Pretrial release and bail conditions for criminal solicitation in Florida depend heavily on the nature of the underlying offense. If an individual is charged with soliciting a capital offense or a violent felony, they may face a high bond amount or be held without bail under a Nebbia hearing requirement, where they must prove the source of their bail funds is legitimate. Conversely, solicitation of non-violent misdemeanors or lower-level felonies typically results in standard monetary bonds set by the local county bond schedule during first appearance hearings.
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